(a) Owners or managers of residential rental properties
with five (5) or more units must:
(1) post a pest control sign at least 48 hours before
the planned indoor treatment in an area of common access to residents;
or
(2) distribute the application information consistent
with §7.146(e) of this chapter (relating to Pest Control Sign)
to each unit planned to be treated and each unit adjacent to those
planned to be treated or in an adjacent or area of common access at
least 48 hours before the planned time of treatment; and
(3) make the consumer information sheet available upon
request.
(b) Employers, building managers, IPM Coordinators,
and chief administrators of workplaces, hospitals, nursing homes,
hotels, motels, lodges, warehouses, food-processing establishments,
school or educational institutions, and day care centers must post
a pest control sign in an area of common access at least 48 hours
prior to each planned indoor treatment and make a consumer information
sheet available to any individual working or residing in the building
upon the request of that individual.
(c) Chief administrators or the IPM Coordinators of
schools or educational institutions and day care centers must notify
the parents or guardians of children attending the facility in writing
that pesticides are periodically applied indoors and outdoors, and
that information on the times and types of applications and prior
notification is available upon request. Such notification must be
made at the time of the students' registration. Telephonic, written,
or electronic notification of planned applications will meet the notification
requirements.
(d) The 48 hour pre-notification requirements of subsections
(a) and (b) of this section may be waived if an emergency exists and
the customer and certified applicator sign a statement attesting to
the fact that an emergency exists that requires immediate treatment.
The statement must be kept on file with the pest control use records
at the business licensee's location. Certified noncommercial applicators
may attest to an emergency by signing a statement attesting to the
emergency and must keep the statement on file with the pest control
use records. An emergency is defined as an imminent hazard to health
and emergency treatment is limited to the localized area of the emergency.
(e) A person may not be considered in violation of
this section if a pest control sign is removed by an unauthorized
person or if the space to be treated is vacant, unused, and unoccupied
at the time of treatment.
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